PJI Status in Cook County

PJI Status in Cook County

Chicago, IL
August 24, 2022

By Hugh Griffin

The prejudgment interest issue in Cook County is a muddle.

The plaintiffs have not sought to appeal the order entered by Judge Maras in Hyland finding the prejudgment interest statute, 735 ILCS 5/2-1303(c), unconstitutional, and the Hyland trial is continued until October.

Meanwhile, Judge Flannery entered a general “Notice” that all motions urging the unconstitutionality of the statute, or the applicability of Judge Maras’ decision to any case prior to trial, or any motion seeking to toll or stay the requirements of the statute are entered and continued generally “until such time as all avenues of appellate review and the constitutionality of the Judgment Interest Act Amendment have been exhausted and a final order from the Illinois Supreme Court is issued.”

However, in cases assigned out to trial, all such motions “shall remain with, and be decided by, the assigned trial judge.”

We are aware of two trial judges who have already upheld the constitutionality of the PJI statute, and there are at least two more such cases pending for decision on post-trial motions.

We are advised that at least one Cook County judge has interpreted this Notice as applying even to motions to extend the time to make a qualified settlement offer under the PJI statute. Thus, unless and until there is a further general order, it appears that the unsettled status of the constitutionality and the retroactivity of the PJI statute will remain in limbo in Cook County for whatever time (two – three years?) it will take before the Supreme Court reviews the statute and issues a decision on these issues.

In other Illinois counties, no general order exists. Thus, while we know of no other circuit court that has ruled the statute unconstitutional and several judges have upheld the statute, there are some judges who have entered orders staying or tolling the application of the statute pending a decision by the Supreme Court, and many others have entered orders extending the time in which to make a qualifying offer under the statute.